Contra Costa — CV-655d-INFO

Source: https://contracosta.courts.ca.gov/system/files/cv655d-info-noticetodefendantsinunlimitedjurisdictioncivilactions.pdf

Superior Court of California, County of Contra Costa

NOTICE TO DEFENDANTS In Unlimited Jurisdiction Civil Actions

YOU ARE BEING SUED. The packet you have been served should contain: a. The Summons b. The Complaint c. The Notice of Case Management (shows hearing date and time) d. Blank: Case Management Statement (Judicial Council Form CM-110) e. Blank: Stipulation and Order to Attend ADR and Delay First Case Management Conference 90 Days (Local Court Form CV-655b) f. Alternative Dispute Resolution (ADR) Information (Local Court Form CV-655c-INFO)

WHAT DO I DO NOW?
You must:
1. Prepare your response YOU COULD LOSE YOUR CASE—even before it is heard by
a judge or before you can defend yourself, if you do not prepare and file a response on
time. See the other side of this page for types of responses you can prepare.

2. Complete the Case Management Statement (CM-110)

3. File and serve your court papers on time Once your court forms are complete, you
must file 1 original and 2 copies of the forms at court. An adult who is NOT involved in
your case must serve one set of forms on the Plaintiff. If you were served in person you
must file your response in 30 days. If the server left a copy of the papers with an adult
living at your home or an adult in charge at your work or you received a copy by mail you
must file your response in 40 days.

4. Prove you served your court papers on time by having your server complete a Proof
of Service, (Judicial Council form POS-040), that must be filed at the court within 60 days.

5. Go to court on the date and time given in the Notice of Case Management Conference.

6. Consider trying to settle your case before trial If you and the other party to the case can
agree to use mediation, arbitration or neutral case evaluation, the Stipulation and Order
to Attend ADR and Delay First Case Management Conference 90 Days can be filed with
your other papers. For more information read the enclosed ADR information, visit
www.cc-courts.org/adr, or email adrweb@contracosta.courts.ca.gov.

IMPORTANT! The court recommends consulting an attorney for all or part of your case. While you may represent yourself, lawsuits can be complicated, and the court cannot give you legal advice.

COURT FEES: You must pay court fees the first time you file your papers. If you also file a motion, you must pay another fee. If you cannot afford the fees, you may ask the court to waive (allow you not to pay) fees. Use Judicial Council forms FW-001-INFO [information sheet]; FW-001 [application]; and FW-003 [order].

COURT FORMS: Buy forms at the Law Library (1020 Ward Street, Martinez, CA) or download them for free at: www.courtinfo.ca.gov/forms/

Civil – Info / Instructions CV-655d-INFO Rev. 8/16/16

WHAT KIND OF RESPONSES CAN I FILE?

1. If you disagree with some or all of what the plaintiff says in the complaint because you believe, or know it is not true, you can file an ANSWER.
2. If you have a claim in the same case against the plaintiff, you may file a CROSS-COMPLAINT.
3. If you want to ask the court to do something on your behalf, you may file a MOTION (See TYPES OF MOTIONS below) HOW DO I PREPARE AN ANSWER?

There are two kinds of Answers you can use, depending on whether the Complaint was verified. You can tell if a Complaint is verified because it says “Verified Complaint” and/or has a signed oath on the last page.

For complaints that are NOT verified:

Use Judicial Council form PLD-050 – General Denial

For complaints that ARE verified:

a. For personal injury, property damage, and wrongful death claims, use Judicial Council PLD-PI-003 (do not check number 2).

b. For contract claims, use Judicial Council PLD-C-010 (do not check number 3a).

c. Be sure to deny every claim with which you disagree. For example, you might write: “I believe, or know, that the information in paragraph #__ is untrue/incorrect.” Continue your list until you have addressed each paragraph in the Complaint.

NOTE: The Judicial Council Answer forms have spaces for your affirmative defenses. Be sure to include them or you may not be able to use them later. To find out what your affirmative defenses might be, go to the law library and ask the librarian to help you find the information you need.

If you want to file a Cross-Complaint, you must do so at the same time you file the Answer.

a. For a personal injury, property damage, and/or wrongful death Cross-Complaint, use Judicial Council form PLD-PI-002.

b. For a contract Cross-Complaint, use Judicial Council PLD-C-001.

TYPES OF MOTIONS

Written motions are documents that ask the court to do something. You may have to file an Answer at the same time. At this point in the case, you can only make Motions from the following list: 1. Demurrer (the facts stated in the complaint are wrong, or the deadline to file the lawsuit has passed); 2. Motion to Strike (the complaint is unclear; does not follow the law, “doesn’t matter”, etc.); 3. Motion to Transfer (the complaint is in the wrong court or there’s a more appropriate court); 4. Motion to Quash Service of Summons (you were not legally served); 5. Motion to Stay (put the case on hold); or 6. Motion to Dismiss (stops the case).

NOTE: Motions are very complicated and you may want to hire a lawyer to help you.

WHERE CAN I GET MORE HELP?
• Lawyer Referral Service: (925) 825-5700
• Bay Area Legal Aid: (800) 551-5554
• Contra Costa County Law Library Martinez: (925) 646-2783 Richmond: (510) 374-3019
• Ask the Law Librarian: www.247ref.org/portal/access_law3.cfm

Civil – Info / Instructions CV-655d-INFO Rev. 8/16/16